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Legal Agreements applying to AdamRMS

This page contains the following agreements which apply to the use of the hosted edition of AdamRMS, which is usually found on the domains adam-rms.com and dash.adam-rms.com. It also applies to those who take out a subscription with Bithell Studios for the use of AdamRMS.

  1. Data Processing Statement & Privacy Policy
  2. Cookie Policy
  3. Terms of Service

The following agreements apply to the self-hosted edition of AdamRMS, which is usually hosted by you, or your system administrator, on a domain of your choosing:

  1. Licence Agreement - AGPL-3.0
  2. Individual Contributor Assignment Agreement - which you will be asked to sign if you contribute to the codebase
  3. Analytics & Telemetry Privacy Policy

Common Preamble​

This preamble applies to all the agreements on this page:

  1. Please read this document carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any use of the term “Service”, “Website” or “We” refers to AdamRMS, its team and associated introductions unless expressly stated otherwise.
  2. These terms apply to the use of the AdamRMS website, and any associated services, including but not limited to the AdamRMS hosted dashboard, AdamRMS API, AdamRMS mobile app, and any other services provided by Bithell Studios Ltd. as part of AdamRMS.
  3. The headings used in this agreement are included for convenience only and will not limit or otherwise affect this document.
  4. AdamRMS is developed and distributed by Bithell Studios Ltd, a company registered in England and Wales, United Kingdom.
  5. Bithell Studios Ltd is registered at Companies House (№11918238), and registered with the Information Commissioner's Office with reference ZA741917.
  6. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. In this event, we shall not be liable to you or to any third-party for any damages or loss associated with the discontinuation of the service.
  7. Questions about this document should be sent to our support team using the email address [email protected]. This email address is also the contact for any data protection queries.

Data Processing Statement and Privacy Policy​

This section of this document is designed to bring the service into compliance with the European Union's General Data Protection Regulation (GDPR) which came into force on May 25, 2018.

Data is typically passed to us either by our users directly: for example by signing up to the service and entering their personal details such as their email address, or it is passed to us by businesses or organisations they're associated with. When we receive data from third parties, we require that they have the necessary permissions to pass this data to us.

When users first login or signup they are asked to consent to these terms by the system, which records them having done so.

Lawful, fair and transparent processing​

  1. Individuals have the right to access their personal data and any such requests made to the service shall be dealt with in a timely manner.
  2. All data processed by the service is done on one of the following lawful bases: consent, contract, legal obligation, vital interests, public task or legitimate interests
  3. Where consent is relied upon as a lawful basis for processing data, evidence of opt-in consent shall be kept with the personal data.
  4. Where communications are sent to individuals based on their consent, the option for the individual to revoke their consent should be clearly available and systems should be in place to ensure such revocation is reflected accurately in the service’s systems.
  5. The service shall ensure that personal data are adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.

Security​

  1. The service shall ensure that personal data is stored securely.
  2. Some of the service's directors, employees and volunteers have access to some/all of the service's files, access logs, emails and data, which they may view at any time, in order to faciliate the running of the service.
  3. In order to faciliate the running of the service, certain directors, employees and volunteers may login to any user's account, at any time, without notifying them.
  4. As provided for by the Regulation of Investigatory Powers Act 2000 or any corresponding statute, the Service's directors, employees and volunteers reserve the right to investigate and inspect electronic communications on the service's systems, including but not limited to emails, files, and logs.
  5. The service facilitates the sharing of user data between other users, according to permissions configured within the service - for example your email address will be shared with other users in the defined "business" within the service to facilitate communication.
  6. The service may release data for analytical purposes to external providers but this data will either be anonymised or stored in line with this document.
  7. When personal data is deleted this should be done safely such that the data is irrecoverable, in liason with the service's storage contractors.
  8. Appropriate back-up and disaster recovery solutions shall be in place.
  9. In the event of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data, the service shall promptly assess the risk to people’s rights and freedoms and if appropriate report this breach to the ICO in the United Kingdom.

Data Storage​

We endeavour to store your data within the European Union as per our legal obligations, but we cannot guarantee that it will not leave the European Union for storage, processing or in transit.

What Are Cookies?​

As is common practice with almost all professional websites this site uses cookies, which are tiny files that are downloaded to your computer, to improve your experience.

How We Use Cookies​

We use cookies for a variety of reasons which are detailed below. Unfortunately in most cases there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site. It is recommended that you leave on all cookies if you are not sure whether you need them or not in case they are used to provide a service that you use.

Disabling Cookies​

You can prevent the setting of cookies by adjusting the settings on your browser (see your browser documentation for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. It is recommended that you do not disable cookies.

The Cookies We Set​

We use cookies when you are logged in so that we can remember this fact and ensure our site is secure. This prevents you from having to log in every single time you visit a new page. These cookies are typically removed or cleared when you log out to ensure that you can only access restricted features and areas when logged in.

Third Party Cookies​

AdamRMS does not use Google Analytics or similar services, and as such does not add third party cookies, except where they are essential to allowing you to login with a third party service (such as Login with Google and Login with Microsoft buttons)

Terms of Service​

Preamble​

  1. Any new features or tools which are added to the system shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
  2. We reserve the right to refuse service to anyone for any reason at any time.
  3. You understand that your content may be transferred unencrypted and involve:
    1. transmissions over various networks
    2. changes to conform and adapt to technical requirements of connecting networks or devices
  4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

General​

  1. You must not:
    1. use someone else's account to gain access to access the service, nor allow someone else to use your account
    2. leave a machine logged on and unattended in a public area
    3. attempt to gain administrative access to the service
    4. engage in hacking activities, including but not limited to: packet sniffing, port scanning, keystroke logging or password cracking
    5. attempt to disrupt use by other users, e.g. by deliberately wasting network resources
    6. create a shared account that is intended to be used by more than one person
  2. You must:
    1. Set a strong password, that is difficult to guess

Subscriptions​

  1. Where a free trial is offered, the users payment details will be taken at the start of the trial, and the user will be charged at the end of the trial period unless they cancel their subscription.
  2. You can cancel your subscription at any time during the trial period, and you will not be charged.
  3. Subscriptions can be cancelled at any time, and the cancellation will take effect at the end of the current billing period. Subscriptions are non-refundable, and the user will not be refunded for any unused portion of their subscription.
  4. The purchase of a subscription is for the use of the service, and does not grant the user any rights to the software or the codebase.
  5. The service may change the price of the subscription at any time, and the user will be notified of this change before the change takes effect.
  6. The service may change the features of the subscription at any time, and the user will be notified of this change before the change takes effect, with the opportunity for the user to terminate the subscription.
  7. The service may terminate the subscription at any time, and a refund will be given for the remaining portion of the subscription.

Hardware​

  1. You must not:
    1. Tamper with any hardware provided by the service.
    2. Try to gain access to any hardware that you do not have authorisation to use provided by, or belonging to the service - this includes physical and remote access
    3. Attempt to cause any damage to any hardware provided by or belonging to the service

Security​

  1. The Law

    1. The Computer Misuse Act 1990 makes it a criminal offence to attempt to interfere with others' software, to harass people via the computer, or to attempt to gain unauthorized access to a computer system in order to view or change information.

    An example of an offence under the computer misuse act is the logging into another's account.

  2. All inappropriate use of the service will be investigated, and reported to the authorities as deemed appropriate.

  3. Third Party Links

    1. Certain content, products and services available via the service may include materials from third-parties.
    2. Third-party links on this site may direct you to third-party websites that are not affiliated with the service. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
    3. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

  4. If you discover a machine which has been left logged on but is unattended (e.g. if the previous user has forgotten to logout) you must immediately log the user out of the machine. Any other action or any other form of account tampering is a criminal offence.

Input​

This section of the policy refers to user submitted content and files, which includes but is not limited to assets, notes, projects, file uploads, etc.

  1. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
  2. You agree that your input will not violate the rights of any party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your input will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any input as this constitutes statutory fraud. You are solely responsible for any input you make and their accuracy. We take no responsibility and assume no liability for any content posted by you or any third-party.

Errors, Inaccuracies or Omissions​

  1. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions.
  2. We undertake no obligation to update, amend or clarify information in the Service or on any related website, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Your use of this system​

  1. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
    1. for any unlawful purpose
    2. to solicit others to perform or participate in any unlawful acts
    3. to violate any international, national or local regulations, rules, laws, or local ordinances
    4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others
    5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
    6. to submit false or misleading information
    7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet
    8. to collect or track the personal information of others
    9. to spam, phish, pharm, pretext, spider, crawl, or scrape
    10. for any obscene or immoral purpose
    11. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
  2. We reserve the right to terminate your use of the Service or any related website for violating any of these terms.
  3. We also reserve the rights to restrict your access to specific portions of the service or login as you, without using your password, at our discretion.

Extra conditions for those in certain roles​

  1. Please be ever aware that you may have access to manipulate user's accounts depending on your permissions levels configured in the service for your "business", through actions such as changing their password, that could have unintended and far reaching negative consequences should you fail to act in an appropriate manner.
  2. Those who have permissions to act on behalf of users must ensure that they have a clear directive to undertake this action.

Penetration Testing​

  1. We do not encourage or endorse any penetration testing or vulnerability searching of our service. If you do find any bugs or security flaws in our systems, please report them to our support team using the address at the top of this document immediately - taking as many precautions as possible. Failing to report bugs to us, and publishing them publicly, threatens the whole community of service users.

Disclaimer of Warranties & Limitation of Liability​

  1. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
  2. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
  3. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
  4. You agree that we may delete any or all of your data at any time without notice to you.
  5. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
  6. In no case shall the service, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
  7. You agree to indemnify, defend and hold service and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
  8. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination​

  1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
  2. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services
    1. If you do terminate your agreement to these provisions you will not use the service in any way without re-accepting
  3. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement​

  1. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
  2. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Changes to these terms​

  1. You can review the most current version of the Terms of Service at any time at this page.
  2. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.